Recent Statutory Instruments –

Posted May 15th, 2018 in legislation by tracey

The Enterprise Act 2002 (Turnover Test) (Amendment) Order 2018

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2018

The Criminal Legal Aid (Amendment) Regulations 2018


BAILII: Recent Decisions

Posted May 15th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Ashany & Anor v Eco-Bat Technologies Ltd [2018] EWCA Civ 1066 (14 May 2018)

High Court (Queen’s Bench Division)

Irving v Morgan Sindall Plc [2018] EWHC 1147 (QB) (15 May 2018)

Reid v Newsquest (Midlands South) Ltd [2018] EWHC 1105 (QB) (11 May 2018)


Councils demand streamlined court process for fly-tipping offences – Local Government Lawyer

Posted May 15th, 2018 in costs, enforcement, local government, news, penalties, waste by sally

‘Councils have called on the Government to “urgently streamline” the courts and prosecution process for fly-tipping offences.’

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Local Government Lawyer, 14th May 2018


UK agency warns Brexit could lead to rise in organised crime –

Posted May 15th, 2018 in brexit, crime, EC law, money laundering, news, reports, treaties by sally

‘The UK body charged with fighting serious and organised crime has warned that the country’s impending withdrawal from the EU could lead to a rise in money laundering, bribery and other corporate offences.’

Full Story, 14th May 2018


UK police use of facial recognition technology a failure, says report – The Guardian

Posted May 15th, 2018 in computer programs, facial mapping, news, police, reports by sally

‘Police attempts to use cameras linked to databases to recognise people from their face are failing, with the wrong person picked out nine times out 10, a report claims.’

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The Guardian, 15th May 2018


Army veteran jailed over ‘sinister’ anti-Jewish speech – BBC News

‘A far-right activist has been jailed for stirring up racial hatred after the Crown Prosecution Service (CPS) initially declined to prosecute him.’

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BBC News, 15th May 2018


Lords overturn MPs with vote for second Leveson inquiry – The Guardian

Posted May 15th, 2018 in corruption, inquiries, media, news, parliament by sally

‘The House of Lords has once again voted to establish a fresh Leveson-style public inquiry into the conduct of the media, overturning a decision made by MPs last week and setting up another showdown with the government.’

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The Guardian, 14th May 2018


Should civil partnerships only be available to same sex couples? – UK Human Rights Blog

Posted May 15th, 2018 in civil partnerships, equality, human rights, news by sally

‘Rebecca Steinfeld and Charles Keidan contend they were unlawfully refused an opportunity to register a Civil Partnership at Chelsea Town Hall on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. This exclusion started to appear somewhat anomalous when the government opened marriage up to same sex couples by way of the Marriage (Same Sex Couples) Act 2013. The effect of this is that same sex couples in England and Wales (and Scotland – but not Northern Ireland) had a choice of marriage and civil partnership but different sex couples only had the former option.’

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UK Human Rights Blog, 13th May 2018


Jacob Eisler: Robinson v. Chief Constable of West Yorkshire Police, 2018 UKSC 4 – UK Constitutional Law Association

Posted May 15th, 2018 in appeals, duty of care, news, police, Supreme Court by sally

‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’

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UK Constitutional Law Association, 14th May 2018